ALBANY — Calling his crime a "heinous, senseless, murder," a mid-level court on Thursday unanimously rejected the appeal of De Von Callicutt, who shot and killed University at Albany student Richard Bailey in 2008.

The 5-0 decision by the Appellate Division of state Supreme Court upheld Callicutt's conviction for first-degree murder, for which he is serving life in prison without parole at the super-maximum Southport Correctional Facility.

The court also upheld Callicutt's convictions for first-degree robbery, attempted first-degree robbery and possessing a weapon.

Callicutt, now 22, of Rensselaer, known as "Cut," shot Bailey, 22, in the head during a botched robbery on Oct. 20, 2008, at South Lake Avenue and Yates Street. Just seven minutes later, Callicutt robbed a second victim at gunpoint at State and Ontario streets.

Bailey, a Nassau County native, was walking home from a friend's house after watching Monday Night Football when he was confronted by Callicutt, Ricardo "Rico" Caldwell and King "Cokilla" Modest, both of whom agreed to plea deals to testify against Callicutt.

"He committed a heinous, senseless, murder of an unarmed (Bailey) and, just minutes later, held a gun to the head of another innocent victim, threatening his life," Presiding Appellate Justice Karen Peters wrote in the decision.

Despite Callicutt being only 18 when he killed Bailey, he had already "managed to amass an extensive criminal history, including previous felony convictions for gun-related offenses, and was arrested and later convicted for possession and discharging of a handgun just one month after committing the instant crimes," Peters wrote.

In a statement, District Attorney David Soares' office, which prosecuted the case, said: "We respect the decision of the court today to uphold this conviction and provide some closure for the Bailey family."

In October, Connelly argued before the five-justice panel that acting Supreme Court Justice Dan Lamont, who presided over the trial, should not have allowed jurors to see Callicutt's confessions to the killing in letters he sent to friends from prison.

Connelly said Lamont blocked Callicutt's confession to Albany police because detectives interviewed him in prison without his attorney present. Connelly argued that because Callicutt's confession letters contained references to the improper police interview, they were tainted and should have been inadmissible at trial.